Terms & Conditions
1.1 “Agreement” means this document.
“Carriage” means the whole of the operations and services undertaken by the Carrier as
specified on the face of this document including storage, packaging or handling or other
services where this is applicable. This term includes the towing of vehicles, trailers, mobile
health clinics and vessels.
“Carrier” means A Black Towing 18 535 901 295
“Container” includes any container, trailer, tilt, igloo, wagon, transportable tank, flat pallet or
any other unit load device used to consolidate goods.
“Customer” includes the sender, shipper, Consignor, Consignee, receiver of the goods, any
person owning or entitled to the possession of the goods, and anyone acting on behalf of
“Dangerous Goods” means goods which are or may become dangerous, inflammable or
damaging including radioactive material(s), or which are or may become liable to damage
any property whatsoever.
“Freight” includes all charges payable to the Carrier.
“Goods” means the goods accepted from the Customer and includes any container not
supplied by or on behalf of the Carrier. The term includes motor vehicles, trailers, machinery
and site sheds.
“Place of Receipt” means the place designated as such on the face of this Agreement.
“Place of Delivery” means the place designated as such on the face of this Agreement.
“Storage” means the whole of the operations and services undertaken by the Carrier in
respect of the goods in receiving, storing and subsequently making the goods available for
“Storage Period” means the period of storage (if any) indicated on the face of this Agreement.
“Sub-Contractor” means any sub-contractor of the Carrier and the sub-contractor’s servants,
agents or sub-contractors, indirect and direct sub-contractors.
2.1 Headings are inserted for ease of reference only and shall be disregarded in the
interpretation of this Agreement.
2.2 The parties acknowledge and agree that:-
2.2.1 All the provisions of this agreement are reasonable in all the circumstances and that
each provision is and shall be deemed to be severable and independent.
2.2.2 This agreement is subject to all compulsory rules and requirements of law to which
the carriage is subject to the intent and effect: that if any provision hereof is to any extent
repugnant to or inconsistent with any such rules or requirements or if all or any part of any
provision is judged invalid or unenforcable, such provision shall to that extent, but no further,
be deemed not to form part of these Conditions of Carriage and Storage and shall not affect
the validity enforcability of the remaining provisions.
2.2.3 Notwithstanding anything herein contained, the Carrier shall continue to be subject to
any condition or warranty implied by the Trade Practices Act 1974 (Cth) or the Fair Trading
Act 1989 (Qld), if and to the extent that the said Acts are applicable to this agreement and
prevent the exclusion, restriction or modification of any such Condition or warranty.
2.3 This agreement contains the entire understanding of the parties as to its subject matter.
There is no other understanding, agreement, warranty or representation whether express
or implied in any way defining or extending or otherwise relating to these provisions or
binding on the parties with respect to the storage and carriage or the matters to which this
2.4 This agreement is governed by and is to be construed in accordance with the laws of
the State of Queensland.
2.4.1 Each party irrevocably and unconditionally submits to the non exclusive jurisdiction of
the Courts of Queensland and Courts entitled to hear appeals from those Courts.
2.4.2 No action arising out of this agreement may be brought by a party more than one (1)
month after the cause of action has arisen except in the case of non payment where the
appropriate statutory limitation to an action for recovery of a simple contractual debt will
2.5 Where discretion is given to the Carrier by any provision hereof, the exercise of that
discretion by the Carrier shall be absolute and unfettered. Such an exercise of discretion
may be unreasonable or arbitrary.
3.1 The Carrier is not a common carrier and will accept goods for carriage only on these
3.2 The Carrier undertakes to:
3.2.1 procure the carriage of the goods from the place of receipt to the place of delivery;
3.2.2 procure the storage of the goods for the storage period.
3.3 The Carrier at its discretion may sub-contract on any terms all or any part of its
4. CUSTOMERS WARRANTIES ACKNOWLEDGMENTS AND INDEMNITIES
4.1 The Customer warrants that –
4.1.1 the goods are fit for carriage and storage.
4.1.2 the Customer has the authority of all persons owning or interested in the goods to
enter into the contract on their behalf.
4.1.3 the person delivering any goods to the Carrier for carriage and/or storage is authorised
to sign this document for the Customer and by such signature or by the signature of any
other person acting for the Customer, the Customer accepts these terms and conditions.
4.2 The Customer acknowledges that:
4.2.1 no agent or employee of the Carrier is permitted to alter or vary these conditions.
4.2.2 no representations have been made by any employee or agent of the Carrier to the
4.2.3 the Carrier enters into this Agreement for and on behalf of itself and its servants,
agents and sub-contractors, all of whom shall be entitled to the benefit of the Agreement
and shall be under no liability whatsoever to the Customer or anyone claiming through
him in respect of the goods, in addition to or separately from that of the Carrier under this
4.3 The Customer shall indemnify the Carrier against –
4.3.1 any loss or damage which may be suffered by the Carrier as a result of any breach by
the Customer of the warranties and acknowledgments herein.
4.3.2 any loss or damage to the Carrier’s containers or other equipment which occurs while
in the possession or control of the Customer or which occurs due to the nature or condition
of the goods in such containers.
4.3.3 For the purpose of this clause, “loss” expressly includes:-
18.104.22.168 consequential loss; and
22.214.171.124 any fine, levy, charge or other monetary imposition to which the Carrier may become
liable as an incident to the carriage, and resultant from any breach by the Customer of this
5. LOCK OUTS AND BREAK DOWNS
5.1 In the case of a forced entry i confirm that i have expressly asked and approved A Black
Towing to forcefully enter the vehicle and that all resulting damage is my sole responsibility.
5.2 I accept that any repairs will be of temporary nature only designed to mobilise the vehicle
A Black Towing Recommend That the vehicle be taken to the nearest qualified mechanic
for further inspection.
6. ROUTE AND DEVIATION
6.1 The Customer authorises any deviation from the Carrier’s usual route or manner of
carriage which may in the Carrier’s discretion be necessary.
6.2 The Customer shall take delivery of the goods as soon as the Carrier is ready to deliver
them and if the Customer fails to take delivery of the goods the Carrier may without notice
unload the goods and/or store the same in the open or undercover, and with or without
refrigeration. Such storage shall constitute delivery and thereupon all liability whatsoever of
the Carrier in respect of the goods shall cease.
7.1 At all times and in all circumstances and for all purposes the goods shall be and remain
at the sole risk of the Customer, and the Carrier shall be under no liability whatsoever for
any loss, or mis-delivery of or damage to goods occasioned during carriage and/or storage
arising from any reason whatsoever, including without limiting the foregoing, any negligence
or beach of contract or wilful act or default on the part of the Carrier, its servants and agents,
7.2 The defenses and exclusions or liability provided for in this Clause and throughout this
Agreement generally shall apply in any action against the Carrier for loss or damage to the
goods whether the action be founded in contract or in tort or otherwise.
7.3 The Carrier shall be entitled to the benefit of the exclusion of liability provided for herein
even if it is proved that the loss or damage resulted from an act of omission of the Carrier
done with intent to cause damage or recklessly and with knowledge that damage would
7.4 Nothing whatsoever done or omitted to be done or other conduct by the Carrier in breach
of the contract or otherwise howsoever lawfully or unlawfully, shall under any circumstances
constitute a breach going to the root of this agreement, or a deviation or departure therefrom
or repudiation thereof such as to have the effect of disentitling the Carrier from obtaining the
benefit of and enforcing all rights, defenses, exceptions, immunities and limitation of liability
and other like protections on the Carrier contained in those conditions and all such rights,
defenses, exceptions, immunities, limitations of liability and like protections shall continue to
have full force and effect in any event whatsoever.
8. DANGEROUS GOODS
8.1 If the Carrier accepts dangerous goods for carriage such goods must be accompanied
by a full declaration of their nature and contents and be properly and safely packed in
accordance with statutory regulations applicable to the carriage of those goods.
8.2 The Customer shall indemnify the Carrier against all loss (including consequential loss),
damage or injury however caused arising out of the carriage of any dangerous goods,
whether declared as such or not and whether or not the Customer was aware of the nature
of the goods.
8.3 Where dangerous goods are delivered to the Carrier without written consent or where
they are not distinctly marked to indicate the nature and character of the goods or if in the
opinion of the Carrier the articles are or are liable to become of a dangerous and flammable
or damaging nature, the same may at any time be destroyed, disposed of, abandoned,
or rendered harmless without compensation to the Customer and without prejudice to the
Carrier’s right to freight.
8.4 The Customer undertakes that the goods are packed in a manner adequate to withstand
the ordinary risks or carriage having regard to their nature and in compliance with all laws
and regulations which may be applicable during carriage.
9. GENERAL LIEN
9.1 Goods are received and held by the Carrier subject to:
9.1.1 A lien for moneys due to the Carrier for the carriage and/or storage of and other proper
charges or expenses upon or in connection with the goods; and
9.1.2 A general lien for all moneys or charges due to the Carrier from the Customer and the
Owner of such goods for any services rendered or accommodation provided by the Carrier
to the Customer or Owner.
9.2 Where any lien remains unsatisfied within seven (7) days from the date on which the
Carrier gave notice of the exercise of his lien to the Customer (or Owner as the case may
be), the goods may at the Carrier’s discretion be sold by public auction or private treaty
and the proceeds of sale applied in or towards the satisfaction of every such lien and all
proper charges and expenses in relation thereto (including the expenses of the sale) and the
Carrier shall account to the Customer or the Owner of the goods for any surplus.
10.1 Any storage of goods shall be as agent of the Customer and solely at the Customer’s
risk and expense, but the provisions of clause 7 hereof shall nevertheless apply.
10.2 At the Carrier’s discretion the goods may be stored at any place and at any time and
be removed from any place at which they may be stored or otherwise held to any other
place to be stored.
11. CARRIERS CHARGES
11.1 Freight is payable by the Customer without prejudice to the Carrier’s rights against any
11.2 Freight shall be deemed fully earned on receipt of the goods by the Carrier and is non
refundable in any event.
12. FORCE MAJEURE
12.1 Where a party is unable, wholly or in part, by reason of any fact, circumstance, matter
or thing beyond the reasonable control of the party affected (“force majeure”), to carry out
any obligation under this agreement, and the party:
12.1.1 gives the other party prompt notice of such force majeure with reasonably full
particulars thereof, and insofar as known, the probable extent to which it will be unable to
perform or be delayed in performing that obligation; and
12.1.2 uses all possible diligence to remove the force majeure as quickly as possible; that
obligation is suspended, so far as it is affected by force majeure, during the continuance
12.2 Any obligation to pay money under this agreement shall not be excused by force
12.3 The requirement that any force majeure shall be removed with all possible diligence
shall not require the settlement of strikes, lockouts or other labour disputes, or claims or
demands by any government on terms contrary to the wishes of the party affected.
13.1 The Carrier will not effect any insurance of the goods for the benefit of the Customer
or otherwise, except:
13.1.1 on the prior written instruction of the Customer; and
13.1.2 at the Customer’s sole expense.
13.2 Should the Customer fail to specify the class of any insurance to be effected pursuant to
clause 13.1, the Carrier may effect that class of insurance which the Carrier in its discretion considers most appropriate to the goods.